Wilkerson v. Rushton
Alabama Court of Appeals
Appeal from Circuit Court, Montgomery County; W. L. Martin, Judge. Action by J. M. Wilkerson against Ray Rushton, as receiver of the Montgomery Light & Traction Company, for damages for killing a clog. Judgment for defendant, and plaintiff appeals.
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Appeal from Circuit Court, Montgomery County; W. L. Martin, Judge. Action by J. M. Wilkerson against Ray Rushton, as receiver of the Montgomery Light & Traction Company, for damages for killing a clog. Judgment for defendant, and plaintiff appeals. The court erred in directing a verdict for the defendant, and in overruling appellant’s motion for a new trial. 195 Ala. 292, 70 South. 102; 132 Ala. 612, 32 South. 717; 103 Ala. 637, 16 South. 9; 124 Ala. 528, 27 South. 408; 150 Ala. 388, 43 South. 503; 158 Ala. 538, 48 South. 114; 122 Ala. 360, 25 South. 197. The. court iwoperly directed a…
1Opinion of the CourtMerritt, J.
The plaintiff (appellant) sued the defendant (appellee) to recover damages for the negligent killing of the plaintiff’s dog by a street car of the defendant, operated over its line on Clayton street in the city of Montgomery. At the request of the defendant the court below gave the general affirmative charge. After judgment for the defendant and refusal of the court to grant a new trial moved for by the plaintilr, the plaintiff appeals.
[1,2] There were only two witnesses; one testifying that there was a bright arc light at the point where the dog was run over; that it was shining brightly;…
2Cases cited3 opinions
- Appel v. Selma Street & Suburban Railway Co.Supreme Court of Alabama · 1912
- Ex parte Selma Street & Suburban Ry.Supreme Court of Alabama · 1912
- Montgomery Light & Traction Co. v. WoodsSupreme Court of Alabama · 1915